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NEW BEDFORD — The estate of Jacob Pothier, an 18-year-old who died in a car crash in January, has filed a petition asking Greater New Bedford Regional Vocational Technical High School administrators and a former security officer to testify and respond to allegations of their involvement in a wrongful death case regarding Jacob.
The estate asked a judge late last month to allow the taking of oral testimony from Kathleen Martins, a former security officer at the school whom Jacob’s family alleges engaged in “an inappropriate relationship, including a sexual relationship” with Jacob while he was a student.
Scott Lang, attorney for the estate, sent a letter to the school in June, alleging the district and its administrators failed to protect Jacob. The presentment letter asserts wrongful death and seeks damages for personal and psychological injuries. It is a prerequisite to a civil lawsuit against a public employer in Massachusetts, and essentially notifies the school of the grounds for filing a claim.
The school has until December to respond, but through the new petition, Lang told The Light, he could start gathering testimony through “pre-litigation discovery” before a lawsuit.
If the judge allows the petition, testimony gathered would be admissible in court and could be used in a lawsuit if one is subsequently filed. Counsel would also have the opportunity to cross-examine.
The petition calls Martins, Superintendent Michael Watson, and school Human Resources Director Nancy Markey as defendants to testify.
“The anticipated nature of the action against Voc-Tech, Watson, and Markey is for wrongful death, negligence, and negligent infliction of emotional distress due to their failure to investigate and [their] handling of an inappropriate sexual relationship,” between Jacob and Martins, the petition states.
Watson and Markey did not respond to a request for comment on Tuesday. The Light attempted to reach Martins for comment Tuesday by email and through a relative.
“Petitioner also expects, in the same action, to file claims against Martins” for the same allegations, the petition states.
The petition notes that Martins’ temporary conservatorship (which she entered into in February after sustaining head injuries in the crash) came to an end last month in court.
“Martins has highly relevant information,” the petition reads. “Due to the unknown state and duration of Martins’ current capacity, it is in the interest of justice to permit Petitioner to take her deposition” and preserve her testimony to use in the “expected action.”
A hearing is scheduled for Oct. 29, when a judge will consider and rule on the motion for pre-litigation discovery. The defendants were issued summons, and are required to file an answer with the court, the filings state.
Jacob’s family previously told The Light that an inappropriate relationship began between Jacob and Martins while he was a student and she was an employee, and that it continued up until Jacob’s final moment on the Padanaram Bridge in Dartmouth.
Martins has previously declined to comment on the allegations.
Stacey Pothier, Jacob’s mother, said she wanted to get the legal process moving in order to obtain evidence and get accountability.
“I don’t care if the student is 15; I don’t care if the student is 20. The point is a student-staff relationship should never cross those bounds,” Stacey Pothier said. “Every student should be protected regardless of their age, regardless of their sex.”
In Massachusetts, a high school employee who engages in sexual relations with a student at the school would not face criminal charges as long as the student is at least 16 years of age and says they agreed to it.
That’s because 16 is the age of consent in Massachusetts, and the state lacks specific statutes criminalizing sexual misconduct by staff with students 16 or older — an age most high school students turn during their sophomore year. The state legislature this year considered, but did not pass, legislation that would have raised the age of consent for students.
Jennifer Cullen, Jacob’s aunt, is listed as the petition’s filer. She declined comment on the petition, but told The Light she is frustrated with what she said was a “lack of transparency” by the Bristol County District Attorney’s office regarding the investigation into the January crash.
The DA’s office declined comment, stating the office cannot comment on pending investigations.
Email Anastasia E. Lennon at alennon@newbedfordlight.org.
This is what happens when we let drag queens into our schools.
It poisons the minds of our dedicated school resource officers.
I’m not sure if this ‘Albert’ is a troll, but I know The Light moderates comments that come in. Do we really need to see this nonsense under every single article? He never has anything useful to say.
How about Jacob Pothier’s family testifying about their ideas on parenting? They do have responsibility, he wasn’t legally an adult!
Why has the Light failed to ask one question: did the school have a staff meeting to direct employees not to discuss the case?